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24/04/2008, 16:43 Benjamin Joined on 21/08/2005 Vendée South Posts 1,815 Re: DLA some movement Just adding to my posting above. Mrs Benjamin had only 30 years contributions when she was awarded long term IB in 1991 but she still receives a full state pension so I would guess what I thought about contributions being credited appears to be true. Benjamin St Malo 1-New evidence suggests mis-trial    Report

24/04/2008, 19:38 Grecian Joined on 24/01/2007 Deux Sèvres Posts 109 Re: DLA some movement You are quite right Benjamin, NI contributions are credited if on IB/CA, but I am not sure if credited contributions will be looked upon the same as work based paid NI contributions. The only thing that I base this assumption on is, I started a thread some while back entitled E121/E106 maybe a strange question. On this thread I asked the question if IB were to be stopped, would we be entitled to an E106 for upto two years, if living in France. After telephoning Newcastle, the answer to this question is no. To receive an E106 you have to have employment based NI contributions, paid up before you leave the UK. I also asked if we could pay a lump sum for NI contributions, if the need arose, again the answer was no. So if the government is basing the exportability of DLA on work based NI contributions, then I guess we would draw a blank again, if IB were to be stopped. Saying that though my wife was not in receipt of DLA until some 4 or 5 years after she was receiving IB, so in this instance I guess DLA was obtainable through credited NI contributions, as opposed to work based NI contributions. (Another exploding head smiley please)!      Report

25/04/2008, 0:54 ebaynut Joined on 06/03/2007 Posts 135 Re: DLA some movement  Grecian wrote: So if the government is basing the exportability of DLA on work based NI contributions, then I guess we would draw a blank again, if IB were to be stopped. Saying that though my wife was not in receipt of DLA until some 4 or 5 years after she was receiving IB, so in this instance I guess DLA was obtainable through credited NI contributions, as opposed to work based NI contributions. (Another exploding head smiley please)! Indeed Grecian. My wife has not paid many NI contributions (housewife/mother), which is why she is not eligible for NI based IB, either short or long term. AFAIK, her eligibility to DLA, (at the highest rate for both components), is based on her Brit residency. I certainly don't recall any mention of my own NI contributions having an impact on her eligibility. She underwent a rigorous examination, and a comprehensive report from a consultant. I also agree with the possible implication that the residency issue is what the government are looking at, as you only have to reside in the UK to qualify for residency (which is the only requirement for nhs cover), with (AFAIK) 6 months residency giving entitlement to social benefits. I found these links that explain 'NI Credits' & 'NI contributions and benefits' . The water is not just muddy............it's swamplike!!!    Report

02/06/2008, 10:20 Tony F Dordogne Joined on 10/04/2005 Small village in the Dordogne, near St Cyprien Posts 1,515 Re: DLA some movement Just to bump this up again as it's still not resolved at all by the look of things. I phoned the DLA Exportability Office this morning.  They requested my old archived file on 2 May and it still hasn't arrived so the team leader is chasing it today, she says that's nothing new with a month's delay. There is still NO, repeat NO decision from the DLA's legal department.  I asked why they were getting my old file sent in and she said it's because they're looking at my new claim and that it's likely that the 'straight forward' cases can be dealt with quickly, when pressed, before the legal department get off their bums. I think, from what she said and inferred, that they are making decisions on cases that are continuations of previous claims and are readily able to dispose of, whilst those that may have legal implications (overseas, as in non-UK euro claimants etc) are being held back. Tony F Dordogne (24) Huguenot Trails    Report

02/06/2008, 14:05 Tony F Dordogne Joined on 10/04/2005 Small village in the Dordogne, near St Cyprien Posts 1,515 Re: DLA some movement And now it's time for the squirrels amongst us to come into their own............ Had a call back from the DLA person.  She's looked at my screen file and there is a problem that may effect us all who received the benefit OVER 14 months ago. After 14 months on an inactive - i.e. closed - file, the file is 'archived', DLA/Govt speak for destroyed.  So those of us who did the right thing and did so more than 14 months ago don't have a paper file with the DLA.  And, to make matters worse, the computer file is effectively purged - i.e. deleted - so there is minimal information on the DLA's computer system, like 'this person received the benefit'. I'm getting this information in writing in the next few days and the person told me that if we have any of the paperwork from the previous claim, it may help if we could copy it and return it after receipt of their letter. Apparently, this is another reason that the DLA's legal people still haven't made a decision and why the staff there are still in limbo!!! OK lawyers, how do we ask for a judicial review? Tony F Dordogne (24) Huguenot Trails    Report

03/06/2008, 6:13 martin Joined on 13/08/2007 bergerac Posts 19 Re: DLA some movement I am quite impressed with how you manage to get information from the dwp. I have an interest in this matter as my wife's dla was stopped  when we arrived in France.  Perhaps it was fortunate that the dwp carried on paying her for a few months before then realising and subsequently demanding it back.  I say "fortunate" because the repayments were arranged in instalments such that her file was kept live for a long time afterwards; I assume it still exists. I wrote in a few weeks ago to query the situation and gave relevant details of my wife's claim, but received a standard fob-off type letter without any indications of what the outcome may be, nor any idea of timescale. Subsequently I telephoned the Exportability Team phone number, but eventually it was answered by someone at the general Help Desk.  He managed to bring my wife's file up on his screen but knew absolutely nothing about the recent EU ruling, except that "he heard there was something happening". So, from the info you have got, it seems that they are or will be looking at individual cases.  We'll probably get more news from following this thread than waiting for the dwp to contact us!      Report

03/06/2008, 6:37 Tony F Dordogne Joined on 10/04/2005 Small village in the Dordogne, near St Cyprien Posts 1,515 Re: DLA some movement Martin, No 1 rule is never write unless it's the initial claim or an appeal - currently there's a 2 month lag in OPENING post at the DLA building and up to 3 months for a reply. Phone and then get them to confirm in writing, quicker and easier usually. Edit: Should have added that if I wished to I could claim under the special rules part of the legislation but choose not to do so, sometimes that concentrates their minds and they get even more helpful. Tony F Dordogne (24) Huguenot Trails    Report

03/06/2008, 7:42 dragonrouge Joined on 08/02/2008 Posts 126 Re: DLA some movement Tony I appear here in a differing guise originally being a member of this forum when in Normandie and when I had some input on this question in that my wife has suffered from a let us say qualifying illness for over thirty two years and exportability did indeed come into my arguments. I would not wish to go over old ground but when they first said no to us I just kept the file in front of them and went to various tribunals (travelling from France) not only for my wife but for others and  totally pro bono for that indicates the strength of feeling on this one. Essentially our file was 'live' and has never died and indeed our argument was slightly different A Judicial Review is normally an ex partie application by those 'aggrieved' over a decision that a body has taken that is from memory illogical unreasonable and irrational.  It stems from a case called The Wednesdbury rules.  Google it and it will give you lots of background. Normally its used (Harry Rednap used it recently in respect of the City of London Police and won) to challenge decisions that fall under Wednesbury.  It goes to the High Court in front of a Single Judge who rules and decides whether the decision was illogical unreasonable and irrantional and has a number of powers available to him.  They are old Latin based but he can quash decisions order a new investigation and the like.  It is not inexpensive and can run into thousands and  thousands of pounds and you have to instruct a Solicitor who then instructs a Barrister and bluntly it could go one way or the other. As I view matters the Legal Department have not moved since the decision of the Court was announced.  And that conduct may well fall under Wednesbury however the instructions must be given to a Solicitor to act and to ask his or her view of the likelihood of succeeding. Again you can threaten the DLA with a JD but it is well recognised in law that you do not threaten something that you will not carry out.  Thus if you threaten then you must be prepared to carry it out. Maybe a round robin letter from those on here who are affected strongly worded and directed to an individual 'on high' and in a personal capacity might help.  Again think about using your local MP or European counterpart but of course you are in France so that might be difficult. If I can add anything or help anyone then please just let me know.    Report

17/06/2008, 15:21 Grecian Joined on 24/01/2007 Deux Sèvres Posts 109 Re: DLA some movement Not sure if this really adds anything to the thread, but we have received replies back from both the DLA and CA office, to letters we sent to them back in April.  They have both just printed off the information that is available on their website, although I now notice a paragraph entitled: What to do next, if leaving the country. I am not sure if this has been there all along, or something that has been added recently. The only new piece of information we received in the letter, my wife received from the DLA office, is that we must inform them immediately when we plan to leave the UK, and her claim will be dealt with by an adjudicator, so I guess this is some sort of step forward. There was no mentioned in her letter, suggesting that she will or will not be entitled to an E121 via DLA. I know this will not help anybody already living in France, but could possibly inform people who have yet to leave the UK.      Report

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France Forum » Living » Health » DLA some movement

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